Taiwan’s Intellectual Property Office under the Ministry of Economic Affairs has stated that, in principle, consent or authorization from the holders of the economic rights is required when singers perform songs on television programs and recordings of those performances are subsequently uploaded to online video platforms. Both the lyrics and music of a song are protected as musical works under Taiwan’s Copyright Act. 

When a singer performs before an unspecified audience at a program venue, the performance constitutes a “public performance.” Recording the singing or other performance as part of a television program constitutes “reproduction” of the musical work. If the program is then aired on a television channel, this constitutes “public broadcast.” Furthermore, uploading the recorded program to an online video platform operated by the television company for viewing by the general public involves another act of “reproduction,” because the musical work is stored on a server, as well as an act of “public transmission.” 

Accordingly, production companies, television companies, and other parties engaging in these uses must obtain consent or authorization from the holders of the relevant economic rights or from copyright collective management organizations to which the right holders belong, unless the use falls within the fair-use provisions set forth in Articles 44 through 65 of Taiwan’s Copyright Act.